I cannot speak as to what the law is on all jurisdictions, but I can answer this question based upon the law of the jurisdiction where I practice divorce and family law (Utah), and I will note that much of what I discuss about Utah law is similar in other jurisdictions, but you will want to consult with an attorney who knows the law in your jurisdiction to get a definitive answer to your question.
Who does or does not receive alimony is not controlled by which spouse originally files with the court the petition or complaint for divorce; that has nothing to do with whether alimony is awarded.
In Utah law, as in most states, who files for divorce has no bearing on whether alimony is awarded or to whom. Alimony decisions are based on financial need, ability to pay, and the circumstances of the marriage—not who starts the legal process.
When courts decide whether to award alimony, they focus on factors such as the length of the marriage, each spouse’s earning capacity, the standard of living established during the marriage, and any disparities in income or education. The court also considers whether one spouse sacrificed career opportunities to support the family or to put the other spouse through school or training. Fault (such as infidelity or financial misconduct) can also be a factor.
Whether you are the one filing for divorce or responding to a petition, you should not assume that filing first gives you some kind of advantage when it comes to the court’s alimony decision. What matters is the evidence you present regarding the financial needs and ability to pay factors.
Utah Family Law, LC | divorceutah.com | 801-466-9277